Terms & Conditions

§1 Subject matter of the contract

goUrban e-Mobility GmbH Schubertring 4/7, 1010 Wien, Austria (hereinafter referred to as “goUrban”) operates vehicle rental according to the model of eScooter-sharing for registered customers. Rentals are subject to availability and within the business area defined by goUrban.

The general terms and conditions (“GTC”) govern the business relationship between goUrban and the customers in accordance with § 2 of the GTC, which make use of the vehicle rental offers of goUrban, on the basis of a framework agreement.

These general terms and conditions apply to the registration (framework contract) and the rental of the goUrban eScooter (individual rental contract) as well as all other related legal relationships directly or indirectly. The GTC thus form an integral part of all contracts, agreements, offers and other legal business declarations concluded between goUrban and customers. By entering the master data and accepting these terms and conditions in the registration process, the framework contract between the customers and goUrban is concluded. The conclusion of the framework contract does not constitute a claim, for goUrban or for the customers to conclude individual agreements.

Deviating terms and conditions of customers or third parties shall only apply if goUrban has expressly agreed to its validity in writing.

The offers posted by goUrban on the website, goUrban app or other media are subject to change and without obligation until a written or electronic acceptance by goUrban is available and has been received by the customer. Modifications are expressly reserved.

§2 Conceptual presentation

“Customers” are naturally persons, legal entities or partnerships that have registered themselves in a legitimate and effective manner and thus have concluded a valid framework contract with goUrban. Only customers are allowed to drive with the goUrban eScooter. ATU number and company name can be entered as an option.

The “goUrban mobile App” (hereinafter referred to as “goUrban app”) is a smartphone application that serves as an access medium for goUrban eScooter. The goUrban app must be installed on a device. The “goUrban Customer Portal” is an application that is exclusively operated by Web browsers. The usage fee and scope of goUrban does not include the necessary use of the Internet. For the terminal, the Internet access, the technical requirements and the configuration and performance of the end device for the use of the goUrban app and the topicality of the required software, customers must take responsibility for their own actions and at their own expense.

The “business area” refers to the terrain of a goUrban residence on which (according to the website gourban.eu booking procedures, such as hiring and departing of goUrban scooters can be made. For the rental of a goUrban eScooter outside this terrain, fees are charged according to the price list.

“goUrban Trackingbox“ is the board computer which is located in every goUrban eScooter.

§3 Conclusion of individual lease contracts and rental period

Only properly and effectively registered customers can book the goUrban eScooter.

The individual rental contract is concluded as soon as the customer starts the rental process by connecting a mobile terminal with the eScooter in the sense of § 8 and the goUrban tracking box is activated by the start of the eScooters (releases sound and the lights of the eScooter start to light) vehicle electrics.

The rental period begins with the conclusion of the individual rental contract and ends in any case, if the customers have terminated the leasing procedure according to § 12.

The maximum rental period for a single rental contract is 48 hours.

§4 Driving authorization

Only exclusive individuals are entitled to take over and manage goUrban eScooters

Customers themselves as referred to in § 2.

Those who have also used the goUrban eScooter under their own customer account.

Have attained a minimum age of 18 years.

Have been in possession of a valid driver’s license for at least one year. It is acceptable to the Republic of Austria and all Member States of the European Union, Lichtenstein, Norway, Iceland or Switzerland, provided that, at the time of the exhibition, the customers are domiciled or habitually resident in the respective country.

Is actually carrying the said driver’s license and fulfilling its requirements and conditions.

Are in full possession of their intellectual powers and have not taken any drugs, alcohol or medications that could impair their ability to drive. With regards to alcohol, a limit of 0.0 ‰ shall apply.

Have deposited a settlement account and corresponding data, referred to in § 7.

Able and willing to pay the incurred usage costs.

In the event of withdrawal or loss of the licence, the driving authorization of goUrban eScooters automatically expires for the duration of the loss or withdrawal. This is to be reported immediately to goUrban.

§5 Accessibility (goUrban App)

Customers can have their driving authorization verified via the goUrban app and the customer portal, and receive an unblocking of the goUrban app. At the request of goUrban, the customer must register at an authorized representative appointed by goUrban and submit their valid original driving licence in person.

It is not allowed to read, copy or manipulate the goUrban app or the goUrban Trackingbox using information technology methods. Disobedience leads to the exclusion by goUrban. The customers bear the costs of any damages caused.

The customers are liable regardless of the fault within the legal framework for all damages caused by the loss of the goUrban app, especially if this has enabled theft, damage or misuse of the goUrban eScooters.

All access data such as user name and password must be kept secret and kept separate from the goUrban app. Customers are liable to fault in the event of non-compliance.

Customers can lock their account on request. A corresponding notification has to be sent by e-mail to info@gourban.euThe mails are processed on workdays – Monday to Friday from 9am to 6pm..

Customers are also liable for any damage caused by goUrban due to an indebted, non-timely indication of the loss or transfer of the goUrban app and / or the access data.

Customers are not entitled to a continuous trouble-free or continuous operation of goUrban eScooter. goUrban always strives to achieve the highest possible functionality and availability and to remedy defects quickly.

§6 Billing Account

To register with goUrban and to rent, reserve and use a goUrban eScooter, the customers in the goUrban app or in the customers ‘ portal must select a payment method (credit card master/Visa or SEPA Direct debit) and the corresponding information. Customers have the possibility to change and adapt these information at any time.

A set-off against the claims of goUrban is only possible if a consumer has counter-claims and goUrban is insolvent or if the consumer’s claim is legally linked to the liability of goUrban or if this is judicially ascertained or recognized by goUrban, then a right of retention is in any event excluded.

The customer grants goUrban the right to charge the account for the registration and all leases, as well as any other fees that are invoiced to the customers in connection with the rental (such as usage charges, expenses in the event of violations of traffic rules, contractual penalties, etc.).

§7 Reservation, Booking and Departure

goUrban eScooter, which are displayed as “free” in the business area in the goUrban app, can be reserved for up to 15 minutes by selecting the free eScooter. goUrban reserves the right to refuse the reservation if there are doubts about a smooth handling. If the reserved eScooter is not used by the customer within 15 minutes after the start of the reservation, the eScooter is again released for use by other customers and is marked as “free” in the goUrban app.

By pressing the “Start” button, the customer is sent a PIN by SMS and after entering this PIN, the customers then accept the rental tariffs.

Inaccuracies in the GPS signal, which lead to deviating location indicators, cannot be excluded, so goUrban assumes no liability in this

If customers do not make a reservation, no fees will be charged. In the case of deliberate multiple reservations, goUrban can claim damages.

Customers undertake to check the goUrban eScooter and accessories (such as the helmet) for visible accidents, damage, defects and gross contamination, and to report this immediately to goUrban using the goUrban app. Customers are obliged to provide complete and truthful information on the type and severity of the defects, damage and / or contamination. If, at the discretion of goUrban, this notification has resulted in an impairment of the eScooter, which means that a safe journey is no longer guaranteed, goUrban is entitled to prohibit use.

In the event of a disruption of the usage process, goUrban can call the customer on the mobile number stored in his personal information, in order to find out the cause of the disrupted usage process. If there is reason to suspect contravening conduct, goUrban is entitled to prohibit further use of the goUrban eScooter.

§8 Duties of the customers

Obligation of customers in compliance with § 2:

With the used goUrban eScooter carefully and gently.

Is to ensure the traffic safety of the eScooters before each journey, primarily through a visual inspection of the tyres and the actuation test of the brakes.

To immediately notify the goUrban of damage to violence, accidental damage and coarse dirt.

For longer trips, check the tyre pressure and the operating fluids regularly and correct them if necessary.

To ensure that the goUrban eScooter is only used in a safe state of transport and operation.

That they comply with the operation of the goUrban eScooters all legal obligations, which in particular affect the road traffic law and the traffic regulations, as far as they are not taken on the basis of this contract of goUrban.

To always keep the personal data stored by them in the goUrban app or in the customer portal up to date, in particular mobile numbers, e-mail addresses and payment data.

The customer is prohibited:

To use the goUrban eScooter for off-road, motor sport events or any kind of race.

To use the goUrban eScooter for vehicle tests, driving training, or for commercial transport of persons..

To transport children less than 12 years of age or less than 150 cm when they are neither large enough to reach the footrests nor strong enough to hold on to the driver.

[multiple persons, maximum weight, etc]

To use the goUrban eScooter to transport objects which, due to their size, shape or weight, could adversely affect driving safety or damage the eScooter.

To use the goUrban eScooter in committing criminal offenses, even if these are only punishable under the law of the crime scene.

To roughly contaminate the goUrban eScooter or leave any kind of waste on and / or in the goUrban eScooter.

To carry out repairs or any alterations on the goUrban eScooter or to permit them.

To prevent the use of a free goUrban eScooters, such as by closing it with your own locks.

To use the goUrban eScooter in taking trips abroad.

To use the goUrban eScooter for further rentals or promotional activities.

In the interest of all customers, the environment and the general public, a safe and energy-saving driving system must be observed..

Failure to comply with the obligations, prohibitions and infringement of any of the above provisions shall give goUrban the right to terminate the framework agreement and the rental contract without notice or to withdraw from the rental contract. Claims for compensation by the customer are excluded in such case. The right to compensation for the damage incurred by goUrban due to the violation of one of the provisions shall remain unaffected.

§9 Behaviour in case of accidents, damage, theft & defects of the eScooter

Accidents, damage, theft, defects and destruction of the eScooter must be reported to goUrban immediately by telephone via the hotline at 0664-3622909.

Customers must ensure that all necessary measures to mitigate damage and to safeguard against faults are made. To this end, they have to report any damage, including pure property damage, to the police. The nearest police station is to be consulted for the inclusion of the accident report in compliance with § 4 Abs 5a StVO. This also applies to minor damages and in the case of self-inflicted accidents without the participation of third parties. Should the police refuse the accident, the customer must state the date and time, alongside police station which was notified by telephone, but refused to accept damage.

If no third party has been harmed by the accident or a data exchange with the injured third party in compliance with § 4 Abs 5 StVO has been carried out in the case of pure property damage, the communication with the next police station may exceptionally be omitted if the damage caused by the eScooter is minor etc.) has arisen. In this case, however, the customer is obliged to immediately report the damage to goUrban by submitting an accident report pursuant to Article 7 (5).

If the eScooter has been damaged by unknown third parties (parking damage, accident with driver’s flight), the customer has to inform the next police station without delay, even in the case of minor damages, and to demand a record of the damage.

Customers may only be removed from the scene of the accident after;

The police record is completed.

After consultation with goUrban, and steps for safeguarding as well as damage reduction have been set.

The eScooter has been handed over to a towing company, and has been safely parked or moved further by the customer himself after consultation with goUrban.

These obligations of the customer shall not apply, if they are removed from the place of the accident due to accidental injuries of an accident participant or excused.

In the event of accidents involving a goUrban eScooter, they are prohibited from making a declaration of liability, assumption of liability or a comparable declaration or making payments, thus jeopardizing insurance cover from motor vehicle liability insurance.

Customers are obliged to forward a fully completed accident report to goUrban immediately, at least within three days, and to name the police registration number. The instructions of the service center of goUrban must be followed. Additional costs or recourse by the motor vehicle liability insurer resulting from culpably late or incomplete claims by customers will be charged to these.

Compensation for damages to the eScooter of goUrban shall in any case stand. If such services have been sent to customers, they must forward them to goUrban unsolicited.

At the request of goUrban, customers must at all times, provide information on the exact location of the goUrban eScooter and enable the inspection of the eScooter.

In the event of an accident, the rental contract is terminated only after a proper return in compliance with § 10 and the usage charges are calculated accordingly. If the eScooter is no longer ready for use or traffic due to the accident, the rental contract can be negotiated with goUrban with transfer to the towing company.

§10 End of rent: Terminating a single rental contract

For the termination of a booking (single rental contract), the customer always undertakes to place the goUrban eScooter properly and in accordance with the traffic regulations in a parking space in the public transport area. Any infringement of the traffic regulations or any prohibitions imposed by owners of the area shall be borne by the customer. Should a repetition by goUrban employees be required or a breakdown service be contracted by a third party, the customers are obliged to make a replacement. In order to compensate for the administrative expenses incurred by goUrban for the processing and retrieval of the parked vehicle or towed vehicle, goUrban will pay a processing fee of 20% on the above costs..

The termination of the booking of a goUrban eScooter may not be carried out on a private or commercial premises. The prohibition also applies to customer parking spaces (for example shopping centers) as such and parking garages. The goUrban eScooter must be accessible to everyone at any time after the rental period has ended.

Customers must make sure that all leased documents, helmets and accessories are properly returned and stored in the storage compartment provided in the helmet case.

No equipment or accessories of the goUrban eScooter may be missing. In exceptional circumstances, any unintentionally taken or lost accessories can be returned or replaced within 12 hours after the end of the rental period to goUrban. In the absence of equipment and accessories, which prevents the goUrban eScooter from any further rental – if only in the meantime – goUrban has a claim for compensation (including lost profit).

Customers must ensure that no waste or gross contamination remains on and in the goUrban eScooter at the end of the booked period. Should waste or gross contamination still remain in the goUrban eScooter, goUrban is entitled to charge the customer for any cleaning costs.

The booking may only be terminated on areas with a daily or time-restricted restriction on the parking permit, such as prohibitions on holding, which are marked with a supplementary label such as “9-17 o’clock”, if the said restriction takes effect at the earliest 48 hours after the eScooter has been switched off. This also applies to traffic bans already ordered, but not yet valid, such as temporary parking bans.

Terminating the booking of a goUrban eScooter can only be done within the business area. The respective business area is displayed in the goUrban app and can also be viewed at any time on the goUrban website. Should the rental operation be terminated outside the business area, a fee shall be charged to the customer according to the tariff schedule.

The individual rental agreement can also be terminated within the business area only if an Internet-compatible mobile telephone connection can be established at the location of the goUrban eScooter with the terminal. If this is not possible, goUrban eScooter has to park at a location where an Internet connection is possible.

Terminating the booking is initiated by pressing the “Motor Off” button on the eScooter, then switching off the eScooter engine, electrical system, and the goUrban app terminates the booking. If the customer leaves the goUrban eScooter, even though the rental process has not yet been completed effectively, the rent will continue to be borne by the customer. If the booking can not be terminated, the customer must immediately contact goUrban in order to report and remain with the eScooter until goUrban’s further decision has been taken. In addition, additional rental costs due to prolongation of the rental period as a result of problems at the end of the booking, will be refunded after the examination by goUrban, but only if no fault of the customers is present.

If, after the termination of the booking, there is no agreement on the condition of the eScooters including any existing damages, defects and their assessment, GoUrban appoints an independent expert company to determine the The condition of the vehicle and the possible low value. The expert opinion is binding as an arbitration opinion for both parties. The costs of this expert opinion shall be borne by the parties in proportion to their success/subject. The expert opinion does not preclude the right of appeal.

The customer shall be liable for any damage caused to the vehicle by improper parking. Therefore, the vehicle must not be parked on turf, sand or cobblestones. All are harmful.

§11 Insurance

goUrban eScooter is insured with a motor vehicle liability insurance to the legal extent under Austrian law.

In the case of a damage caused by the customer against third parties or on the eScooter of goUrban, a deductible fee of Euro 350, – will be due for processing and repair. This amount must be paid at the end of the rental contract. Damage caused by improper handling or operation of the eScooter as well as by deliberate acts are liable to the full extent. This includes damage caused by ignoring warning lights or improper transport of cargo.

In the event of the insurance cover being effected by customers due to their own fault, e.g. alcoholisation or lack of driving authorization, goUrban insurance policy wouldn’t apply to these customers.

If a further liability governed by these goUrban Terms of Rental remains unaffected.

§12 Liability of goUrban

The liability of goUrban in cases of negligence is in any event excluded. If the customer is a consumer, the liability of goUrban is limited to cases of intent and gross negligence, regardless of the legal grounds. If the customer is an entrepreneur, the liability of goUrban is limited to cases of intent and gross negligence, regardless of the legal reason.

The fault-independent liability for initial defects in the goUrban eScooter is excluded.

Irrespective of a fault of goUrban, any liability of goUrban shall remain unaffected by fraudulent concealment of a defect, the assumption of a guarantee or a procurement risk and under the Product Liability Act.

The personal liability of the legal representatives, vicarious agents and employees of goUrban for damages caused by slight negligence is excluded. For damages caused by you with the exception of the legal representatives and senior executives due to gross negligence, the liability limitation in this regard for goUrban is valid accordingly.

Damages caused by third parties of goUrban shall be held liable to goUrban only in the case of a selection fault.

The liability limitations of this section does not apply in case of injury to life, body or health.

goUrban assumes no liability for the correctness and completeness of information provided to goUrban by third parties, insofar as their incorrectness or incompleteness is not expressly known (§ 1300 ABGB). goUrban is not liable for indirect damages, consequential damages, lost profits, pure pecuniary losses, interest losses and losses arising from claims of third parties or against third parties that are not contractual partners.

goUrban does not assume any liability, guarantee or guarantee that there are no comparable cheaper products on the market.

Insofar as no statutory or contractual limitation or limitation period applies, all claims against goUrban shall be forfeited if they have not been judicially recognized in writing within one year from the knowledge of the claimant of the damage or explicitly acknowledged by goUrban in writing.

§13 Liability of the Customers, Contractual Penalties, Exclusion of use

Customers are liable to goUrban for any damage caused by them or their passengers. This includes, in particular, the removal, damage or loss of the goUrban eScooter as well as helmets and accessories. Customers shall also be liable for full compensation if the damage or loss of the goUrban eScooters or any other damage has occurred by the fact that the customers or third parties for whom they are responsible are culpably against the present goUrban Rental terms, legal provisions or the general conditions of the Association of Austrian Insurance companies for motor vehicle Liability insurance (AKHB 2007) have been violated and thereby the insurance protection has been impaired. In case of the liability of the customers without insurance protection of the vehicle insurance, the customers are free of claims by third parties.

In the event of a self-inflicted accident, the liability of the customers extends to the amount of the agreed self-participation and also to the claims costs such as expert costs, towing costs, impairment, loss of rental costs, promotion of the Insurance premiums, additional administrative costs. The limitation of liability to the amount of self-participation does not apply in the case of a mechanical damage caused by customers due to faulty operation, negligence or breach of § 8. In the event of damage to an eScooter, the liability of the customers is limited to the respective deductible amount, if the goUrban eScooter was used in accordance with the contract and the damage was reported immediately.

Customers undertake to pay a contractual penalty in the amount of €600,–if they have left the goUrban eScooter in the hands of unauthorised drivers. The assertion of further damage remains unaffected. The contractual penalty in the amount of €600,-is counted in this case.

Customers are fully liable for any legal violations committed by them, in particular for violations of traffic regulations and regulations during the period of use and in connection with the stopping of the goUrban eScooters. Customers shall indemnify goUrban from all penalties, warnings, costs and other expenses incurred by the authorities or other bodies on the above-mentioned violations of goUrban. In order to compensate for the administrative costs incurred by goUrban for the processing of inquiries addressed to the prosecution authorities in order to determine the administrative irregularities and offences committed during the rental period, goUrban will receive 20% of the costs incurred per case. Unless the customer proves that goUrban has incurred no or a smaller expense. goUrban is, with appropriate proof, not allowed to claim further damages.

In case of serious culpable breaches of contract, including a delay in payment, goUrban can temporarily or permanently exclude the customer from the vehicle use with immediate effect and block the goUrban app. The exclusion will be communicated to the customer by e-mail.

§14 Charges, Payments, Driving and Parking minutes

Customers are obligated to pay the prices for the chosen tariff. The prices are always shown on the valid price list. This is available under price list. These are gross prices. Payment is due at the end of the individual rental contract.

If the goUrban eScooter is incapable of being driven, although it is marked as “free” in the goUrban app, no usage charge will be charged to the customer.

If customers receive driving or parking minutes, they will be credited to the minute account within 4 working days. The driving or parking minutes are entitled for the use (driving or parking) of goUrban eScooters and cannot be counted on trips made prior to the credit. Customers can view the current status of their driving minutes at any time on the goUrban app and in the customers ‘ portal. Quotas not used within the validity of the respective driving or parking minutes shall be forfeited.

The use of goUrban scooters is settled as follows:

The driving or parking minutes which have been incurred during an event (for example, driving) are added and rounded up at the end and then billed at the respective rate.

If the respective driving or parking minute account of the customers has a credit, the mentioned uses are deducted first from this minute account. Except for this are the parking minutes, as they usually have a lower rate than driving minutes. Even if there is a credit note for a minute, an invoice can be generated for parking minutes. An invoice is created for use that are not covered by the credit balance in the travel account.

Customers are obliged to ensure that the method of payment specified by them is sufficiently high. If the amount recovered is reimbursed by the respective bank, the customer has to pay, as well as a subsequent dunning fee, which is based on the current price list.

In addition, goUrban is entitled to charge a default interest of 5% above the base rate p.a. to promote.

In this context, goUrban reserves the right to assign its claims from the contractual relationship to third parties (collection companies).

The customer is informed of the assignment in the corresponding invoice. In this case, the customer can only make payments to the transfer recipients with a debt-free effect, whereby goUrban is still responsible for general inquiries from customers, complaints or similar remains. The customers authorize goUrban or, in the event of assignment of the claim, revocable recipients, the fees to be paid by customers and claims for damages in relation to the respective rental relationship (up to the amount of the contractually agreed self-participation) to the account of the customer account method of payment. In this case, goUrban transmits the information necessary for the execution of the transfer of receivables to the recipients who are not allowed to process or use this data for other purposes.

§15 goUrban Electric Vehicles

In the event of an accident, the police / fire brigade must point out that an electric vehicle is involved in the accident.

A goUrban electric vehicle has no low operating and driving noises. Therefore, it may not be noticeable to pedestrians. Therefore, increased attention of drivers is required.

§16 Cancellation, Termination of the Framework Contract

All contracted partners may terminate the framework use Contract (registration) with a notice period of two weeks at the end of the month.

All contracted partners can terminate without notice for an important reason. goUrban can terminate without notice, especially if the customers;

Are in arrears with the usage fee due from two individual rental contracts.

Generally adjust their payments.

In the event of the conclusion of the contract or in the course of the contractual relationship, incorrect information or facts have been concealed and therefore goUrban is not expected to continue the contract.

Does not refrain from serious breaches of contract or immediately eliminate any consequences of such breach of contract.

If the framework agreement has been terminated according to the above section, goUrban has the following rights:

Entitled to the publication of the goUrban eScooter immediately after contracting. If the customer does not return the goUrban eScooter immediately, goUrban is entitled to take the goUrban eScooter at the expense of the customer.

Entitled to payment of the use fee until the return of the GoUrban eScooters.

In the event of the conclusion of the contract or in the course of the contractual relationship, incorrect information or facts have been concealed and therefore goUrban is not expected to continue the contract.

Entitled to compensation. As compensation for damages, goUrban will charge the customers for the actual damage due to non-performance. The saved costs of goUrban are taken into account..

§17 Changes to the GTCs (General Terms and Conditions)

goUrban is entitled to change the GTCs for future rentals, as far as the changes are reasonable for the customer. Changes to the General Terms and Conditions of Business shall be notified to the customer in writing at an early stage, by e-mail.

The amendments are deemed to be approved and binding upon entry into force for an existing contractual relationship if the customer does not object in writing or by e-mail. The customers are particularly referred to when announcing changes by goUrban.

The customer’s objection must be sent to goUrban within one month after the announcement of the changes.

§18 Confidentiality, Data Protection

goUrban undertakes to treat all information provided to them confidentially and not to pass it on to third parties.

The customers expressly agree that their data is stored by goUrban as part of the business activities of goUrban and (electronically) processed. The transfer of personal data to third parties for advertising and marketing purposes is not effected by goUrban.

§19 General Provisions and Jurisdiction

The business relationship is subject to Austrian law only.

To entrepreneurs in compliance with § 1 UGB, Vienna’s court of jurisdiction has been agreed upon as the court of jurisdiction.

The place of domicile, the habitual residence or the place of employment of the consumers as court of jurisdiction 1010 Vienna is agreed with regard to consumers according to § 1 KSchG. If the place of domicile, habitual residence or place of employment is not in Austria, then court of jurisdiction is Vienna.

Customers may transfer claims or other rights from this contract to third parties only with the prior written consent of goUrban.

There are no verbal side agreements. Any changes or additions to this agreement are subject to written form, with e-mail being sufficient.

Should individual or several provisions of this contract be ineffective or void, this does not affect the effectiveness of the contract in its remaining provisions. goUrban and the customers undertake to close their meaning and the alleged intentions of the Contracting Parties.